Date: Mon, 20 May 1996 23:35:59 -0700 (PDT)
From: Richard Isaac
Subject: A2 STRUCK DOWN: Equality Under the Law Upheld (BB statement)
Greetings!
Today is a historic day in the annals of the struggle for equal rights for
sexual minorities. As you know, this morning, the Supreme Court of the
United States struck down Colorado's Amendment 2 on constitutional
grounds. BIGOT BUSTERS congratulates the Supreme Court majority and all
those in Colorado and across the nation who fought Amendment 2, and
brought us this important landmark victory! The hard work of all those
who contributed to this fight has paid off and we salute you!
The Court's decision will hopefully end the plague of ballot initiatives
meant to disenfranchise gay, lesbian, bisexual and transgendered
Americans. BIGOT BUSTERS and Hands Off Washington, among other
organizations, have worked long and hard to (successfully) fend off
challenges to our civil rights here in Washington State. We are extremely
pleased that the highest court in the land has struck down a ballot
initiative similar to those we have faced.
Congratulations also go to: American Bar Association, the National
Education Association, and the states of Oregon, Iowa, Maryland,
Massachusetts, Minnesota, Nevada, Washington and the District of Columbia,
which filed briefs in support of the challenge to Amendment 2.
Still, the struggle continues on many fronts. Our adversaries are
tireless and other initiatives which meet the Court's objections may be
launched. And just today, South Carolina passed legislation to ban
same-sex marriages. Today's victory is an important landmark in our
efforts for equality under the law, but the distance yet to be travelled
is still great. While tonight we should celebrate our hard-won victory,
tomorrow brings more challenges.
***Note to Western Washingtonians: There will be a rally at 5:30 @
Westlake Plaza (4th and Pine, downtown Seattle) tomorrow, May 21. If you
have any spare time and would like to help making posters or handing out
flyers please call the HOW office @ 206-323-5191.
Much has already been written about this decision, and much more will
yet be written so I merely quote some of the best statements I've seen
yet: a few choice quotes from Justice Kennedy's majority opinion, and
excerpts from the statement of the NGLTF:
Justice Kennedy for the majority: "We must conclude that Amendment 2
classifies homosexuals not to further a proper legislative end but to make
them unequal to everyone else...This Colorado cannot do. A state cannot so
deem a class of persons a stranger to its laws."
Amendment 2 "identifies persons by a single trait and then denies them
protection across the board. ... It is not within our constitutional
traditions to enact laws of this sort."
"It is a classification of persons undertaken for its own sake,
something the Equal Protection Clause does not permit."
---
STATEMENT FROM THE NATIONAL GAY AND LESBIAN TASK FORCE
The following statement is attributable to Melinda Paras, National Gay and
Lesbian Task Force (NGLTF) executive director:
The Supreme Court decision today on Colorado's Amendment 2 is a profound
victory for all who believe in basic equal rights and the fundamental
principle that all Americans deserve to live free from discrimination...
We commend those justices who defended basic civil rights and stood up
to the anti-democratic agenda of religious political extremists. This
case was not just about gay, lesbian and bisexual people. At stake are
the very principles of democracy: justice, freedom, personal liberty,
and the right to be different and still live free from the tyranny of
the majority. We are reminded of the words of Justice Blackmun, who in
his 1986 dissent to the loathsome Hardwick v. Bowers case that upheld
discriminatory sodomy laws, said, "The freedom to differ as to things
that do not matter much is a mere shadow of freedom. The real test of
its substance is the freedom to differ as to the things that touch the
heart of the existing order."
Thank you Supreme Court justices for protecting our constitutional
freedoms. This is a joyous day for gay, lesbian, bisexual and
transgender Americans. The time is drawing closer when we do not have
to live as second-class citizens anymore. When we can live free from
violence, persecution, discrimination and intolerance. When the
mistruths of religious political extremists are exposed as lies. When
the horrible rhetoric that we seek "special rights" or that we threaten
"traditional family values" is replaced with the truth that we demand
the same basic equal rights that all Americans enjoy, including the
ability to work free from discrimination and nurture our own families.
This ruling should be the stake through the heart of the divisive,
unconstitutional and extremist anti-gay ballot measure campaigns of the
Radical Right. Last year we defeated a similar measure in Maine. In
1994, despite a Republican sweep in the elections, voters rejected
anti-gay measures in Oregon and Idaho. In 1992, Oregon defeated yet
another measure. In fact, Amendment 2 was the only state anti-gay ballot
measure to be passed, even though it never went into effect. Now it too
has been struck.
...Unfortunately, our victory today may be short-lived. Despite this
ruling, the Radical Right will not stop. They are already evolving
their measures to make them more difficult to challenge in court, such
as the failed attempt in Maine last year that simply "omitted" gay
people and others from the list of those protected against
discrimination. They are launching other attacks, including
anti-education measures that censor the teaching of diversity in public
schools, or "parents rights" rhetoric that really tear apart families
and communities instead of building stronger ones. Religious political
extremists will not stop until they have advanced their broader,
anti-democratic, repressive agenda. An agenda that rolls back civil
rights for people of color; scapegoats gays, immigrants and others for
our country's social and economic problems; and denies women
constitutionally protected reproductive freedom.
...This is a momentous day for our movement and for all those who believe
in personal liberty, justice and freedom. We are making progress toward
ending intolerance and educating America about who we really are. At the
same time we know our battle is not over. We must remain on guard and
defend against what surely will be a backlash. With today's ruling, we
are one important step closer to attaining our dream of a more
compassionate and fair society.
###
* Richard Isaac
__*_*___
\* * / Seattle
*\ *
***\**/** rmisaac
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